Opinions

Opinions & Orders – June 14, 2023

Late yesterday and this morning, the Federal Circuit released two opinions, one precedential and one nonprecedential, both in patent cases and both addressing obviousness. Additionally, the court released five nonprecedential orders, one transferring a case to another court, one summarily affirming a judgment, one granting a motion to remand a case, and two dismissing appeals. Additionally, the court released four summary affirmances and an erratum. Here are the introductions to the opinions and orders and links to the dismissals, summary affirmances, and the erratum.

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Opinions

Opinions & Orders – June 7, 2023

This morning, the Federal Circuit released a nonprecedential opinion in a patent case concerning obviousness. The court also released eight nonprecedential orders, which included a grant of a petition for a writ of mandamus to order the Western District of Texas to transfer a patent case, a grant of a motion to dismiss for lack of jurisdiction, four summary affirmances, and two dismissals. Here are the introductions to the opinion and orders and links to the summary affirmances and dismissals.

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En Banc Activity

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include a new petition presenting a question related to the standard of review of obviousness determinations and a response brief addressing what constitutes a final judgment for purposes of appellate jurisdiction. Here are the details.

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News

Recent News on the Federal Circuit

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

  • an article about a lawsuit filed by Judge Newman to halt the ongoing competency probe;
  • another article going into greater detail about Judge Newman’s case;
  • an article discussing the potential negative effects of the dispute with Judge Newman; and
  • an article detailing a recent opinion by the Federal Circuit overruling the Patent Trial and Appeal Board.
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Opinions

Opinions & Orders – May 10, 2023

This morning, the Federal Circuit released two precedential opinions, one in a government contract case and one in a tax case. The court also released three nonprecedential opinions, all in patent cases. The court also released a nonprecedential order dismissing an appeal. Here are the introductions to the opinions and a link to the dismissal.

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News

Recent News on the Federal Circuit

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

  • an article about the recent Federal Circuit decision that “vacated a $576 million judgment against Apple”; and
  • a blog post about the Solicitor General’s recent “amicus brief with the United States Supreme Court advising it to grant Teva Pharmaceuticals’ petition for writ of certiorari.”
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Opinions

Opinions and Orders – March 31, 2023

This morning, the Federal Circuit released two precedential opinions and two nonprecedential opinions. In the first precedential opinion, the court affirmed a judgment of the Patent Trial and Appeal Board. In the second precedential opinion, the Federal Circuit affirmed a judgment of the International Trade Commission. In the first nonprecedential opinion, the Federal Circuit vacated and remanded a judgment of the Eastern District of Texas in a patent case with instructions to dismiss the case as moot. In the second nonprecedential opinion, the Federal Circuit affirmed another judgment of the Patent Trial and Appeal Board. Here are the introductions to the opinions.

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En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit in patent cases. The court received a new petition raising questions related to the written description requirement. The court also received a new response to a different petition also raising a question related to the written description requirement. In addition, the court denied a petition for hearing en banc raising a question related to the Federal Circuit’s jurisdiction to hear appeals from denials of petitions for inter partes review. Here are the details.

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En Banc Activity / Petitions

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. In the only pending en banc case, a veterans case, the appellant filed his en banc reply brief and the court scheduled the oral argument to occur in February. We will post an argument preview prior to the oral argument. As for petitions for rehearing en banc in patent cases, the court received two new petitions raising questions relating to the standard for enhanced damages and the Federal Circuit’s jurisdiction. The court also received responses to two petitions raising questions related to the inducement doctrine’s interaction with the Hatch-Waxman Amendments and the notice required to collect damages for infringement. Finally, the court denied three petitions raising questions related to the interpretation of a forum selection clause, a writ of mandamus, and comparable licenses and royalty calculations, and another petition in a pro se case. Here are the details.

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